Bombay High Court
Sandesh Manohar Ramteke (In Jail) vs The D.I.G. Prison (E) (R), Nagpur And ... on 11 January, 2016
Author: V.M. Deshpande
Bench: B.P. Dharmadhikari, V.M. Deshpande
1 judg110116wp 839.15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Criminal Writ Petition No.839 of 2015
Sandesh Manohar Ramteke,
Convict No.C-8528.
Central Prison Nagpur,
District Nagpur. .... Petitioner.
Versus
1] The D.I.G. Prison (E) (R),
Nagpur.
2] The Superintendent,
Central Prison, Nagpur,
District Nagpur. .... Respondents.
Mrs. Sonali Saware, Advocate (appointed) for petitioner.
Shri V.A. Thakare, APP for respondents.
Coram : B.P. Dharmadhikari &
V.M. Deshpande, JJ.
th
Dated : 11 January, 2016.
ORAL JUDGMENT (Per- V.M. Deshpande, J.)
Rule is made returnable forthwith. Heard finally by consent of the parties.
::: Uploaded on - 12/01/2016 ::: Downloaded on - 31/07/2016 00:38:48 :::2 judg110116wp 839.15.odt 2] The petitioner is represented by learned Advocate (appointed) Mrs. Saware and the State authorities are represented by learned APP Shri Thakare.
3] By the present petition, the petitioner is seeking indulgence of this Court in view of the rejection of his application to release him on furlough by order dated 06-07-2015.
4] Learned APP Shri Thakare for the State invites our attention to the reply filed on behalf of respondent no.2 that on earlier occasion when the petitioner was released on furlough and parole leave he surrendered late. After considering the reply, it is clear that in 2014 the petitioner was released on furlough but surrendered late by one day and prior to that in the year 2013 when the petitioner was released on parole he surrendered late by 8 days. On both these occasions, the police authorities were not required to arrest the petitioner to bring him back to prison. In that view of the matter, the petition is allowed.
The order dated 06-07-2015 is hereby quashed and set aside. The petitioner be released on furlough after completion of all the formalities.
::: Uploaded on - 12/01/2016 ::: Downloaded on - 31/07/2016 00:38:48 :::3 judg110116wp 839.15.odt 5] The professional charges of learned Counsel (appointed) for the petitioner are quantified at Rs. 1500/-.
JUDGE JUDGE
Deshmukh
::: Uploaded on - 12/01/2016 ::: Downloaded on - 31/07/2016 00:38:48 :::